Two of what are expected to be many lawsuits were filed Friday on behalf of people injured when wind toppled a stage at the
Indiana State Fair, sending metal scaffolding flying into fans waiting for the country band Sugarland to perform.
As IBJ
reported Aug. 18, Indiana caps the state's liability in accidents at $700,000 per person and $5 million total
per event, amounts that personal-injury lawyers say are too low in a situation involving so many victims. Six people have
died from their injuries, including one Friday, and roughly four dozen more were hurt, many seriously.
Legal experts said that could result in several other entities aside from the state fair becoming targets of negligence lawsuits,
including the designer and builder of the stage and the concert promoter.
"I think there will probably be a large number of defendants listed, just because there's a limited pot of money,"
said attorney Tom Schultz, a former president of the Defense Trial Counsel of Indiana.
The Valparaiso law firm of Kenneth J. Allen & Associates filed two suits Friday in LaPorte Circuit Court on behalf 42-year-old
homemaker Tammy Vandam, who was one of six people killed, and 49-year-old Beth Urschel, who was among the dozens injured.
Both women were from Wanatah. Attorney Kenneth J. Allen said the women were life partners.
Spokesman Bryan Corbin said the Indiana attorney general's office would review the suit and file a response. He also
said the state had not received any tort claims related to the accident. The other defendants didn't immediately return
phone calls seeking comment Friday.
The suits include requests for a court order protecting the wreckage so the firm's investigators can examine it.
Fair Commission member Ted McKinney said at a news conference that victims' families and others would have access to
the wreckage. One attorney sent a letter to Gov. Mitch Daniels on Thursday, asking him to issue an executive order keeping
the stage and other materials from being removed so victims' families wouldn't have to go to court to preserve it.
"Whoever needs and wants access to the site, has that access to the site," McKinney said Friday.
Fair officials have hired New York engineering firm Thornton Tomasetti Inc. to investigate the accident. The state also hired
Witt Associates, a public safety and crisis management firm based in Washington to conduct a "comprehensive, independent
analysis of the state fair's preparedness and response" to the collapse.
Ted McKinney promised Friday that the process would be transparent.
But Indianapolis lawyer Mark Ladendorf, who expects to represent at least two victims' families, said most firms will
launch their own investigations.
"We're going to have to get answers for our clients," he said. "We succinctly can't rely on what the
government is going to tell us and what someone hired by the government will tell us."
It remains unclear whether anyone had inspected the stage that toppled, or whether anyone was supposed to do so.
More lawsuits are expected. Dan Chamberlain, a partner at the Indianapolis personal-injury firm of Doehrman Chamberlain,
told IBJ that his firm could sue on behalf of one victim within the next week.
"You've got 50 people injured, five who have been killed, and you've got $5 million in coverage," Chamberlain
said. "It's nowhere close to fairly and adequately compensating the families."
Under the Indiana Tort Claims Act, lawyers must notify the state they intend to sue within 270 days of the accident.
State fair spokesman Andy Klotz said the fair is self-insured against such lawsuits under the Indiana State Tort Claims Act.

















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become sue happy.
So, suing for all this money is going to make everything ok now? When's it going to stop? When is enough enough?
How is a law suit going to help someone that supposedly is experiencing trauma?
The weather warnings were issued far enough in advance....If anything, there should be an investigation to review what happened and try to correct whatever deficiency there may have been involving the structure that could have contributed to this, so it doesn't happen again; without the involvement of any law suits.
You will probably never apologize for the level of insensitivity displayed by your message so I will do so on your behalf.
The incident itself is unfortunate. The loss of life is trajic. But there are good and valid reasons why there should be compensation to the victims. Several lost a main, if not the sole, breadwinner in their family. Without some system of compensation to at least mitigate their financial loss, you would be compounding the problem of the loss of a parent by also allowing the loss of the family home and everything else it takes money to buy.
We all share some of the fault whenever we make a choice. But no one should expect to die when they stand out in the rain.
Rowdy